How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should consult an experienced Pompano Beach birth defect lawyer immediately. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice claims.

In addition, many birth problems and injuries could have been prevented. Thus, victims should be compensated.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. The person who suffered the injury could be barred from pursuing damages in the event that a legal claim was not filed within a specified time frame. A medical malpractice lawyer can make sure that a suit for birth injuries is filed within the statute of limitations in your state.

In some instances, an injury may take some time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitations began or when a case ought to have been filed. A medical malpractice lawyer who is proficient and compassionate can assist you determine if a claim for birth defects can be filed before the statute of limitations expires in your state.

The first step to identify the birth defect is to link it to the medical professionals who treated your child. In this process, bills, receipts and credit card records are crucial. Attorneys can also gather evidence through discovery that is the process of exchanging information between two parties. This could include taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that can affect the way the body appears and functions. From mild to serious they can affect the body in many ways. Some are more obvious than others, such as mouth and lips clefts and others, while some are harder to spot.

Congenital diseases can be caused by genetic or chromosomal abnormalities such as infection in the womb, trauma during delivery, environmental influences on fetuses inside the uterus, or medications used by the mother. They can cause long-term disability which can be detrimental to families, individuals as well as health systems and societies. They contribute to the high mortality of neonates and children under five.

Neural tube defects as well as chromosomal disorders, such as Down syndrome, are the most prevalent causes of severe congenital disabilities in children. Certain congenital conditions are more common in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Others are caused by a natural process or are connected to pharmacological or environment factors. The severity of the congenital disability and the organs or body parts it affects, as as how much it interferes with daily activities will determine if a person is considered disabled.

Medical Expenses

Families with children suffering from severe birth defects are faced with enormous medical costs. This includes the cost of lifelong treatment and therapy, as well as surgery for the condition as well as its side effects. The emotional strain of raising an physically impaired child can also be a burden on families. An attorney with experience in birth defect cases can help victims get the money they are due.

Many congenital and genetic disorders can be prevented or treated in the uterus. Doctors often misdiagnose or fail to inform parents of screening and test results that could have resulted in the identification of birth defects. In these cases parents may be able to file a claim for unjustified death against the medical provider.

Although it can be difficult to prove that a medical error led to a congenital disability An experienced Pompano Beach injury lawyer will review the evidence and determine if a claim can be feasible. Contact an attorney as soon as possible to discuss your case. You have two years from the time you were notified or discovered the injury in order to submit a claim.

Lost Wages

A child born with birth defects will require extensive medical treatment, which could cost millions of dollars over their lifetime. This cost shouldn't fall on families that didn't cause the condition. A Pompano Beach injury attorney who is competent and understanding can assist parents in exploring legal options.

Our lawyers are well-trained in medical malpractice claims and always place the client's best interests first. They will explore all of the circumstances that led to the birth defect of your child, and identify whether any medical professionals involved in the delivery of your child should have been held to account.

A successful claim could include the reimbursement of medical expenses such as hospitalizations and surgeries, long-term treatments, and medication. It may also include lost earnings for parents who have to work to care for their children, a percentage of the future loss of earnings and punitive damages when the drug manufacturer exhibited an utter disregard for patient safety. Contact us today to discuss your options.

Damages

If your child is suffering from a mild or severe birth defect, your family will require monetary compensation to cover medical bills, loss in income and other expenses. To help prove your claim, you will need to gather evidence such as receipts, bills and birth defect credit card charges. The more information you are able to provide, the higher your award.

Most birth defect law firm defects result from genetic causes and can't be cured by doctors. Certain birth defects are caused by environmental factors or medication. A doctor who prescribes medication to a mother which increases her chance of developing an ailment during birth could be held accountable for negligence.

The birth of a child with a birth injury or a birth defect can be devastating for parents and families. With the help of a Pompano Beach lawyer for birth defects, you can seek justice for your family. You can also ensure that negligent doctors will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and can guide you through each step to ensure your claim is filed successfully. To find out more, set up an appointment to discuss what they can do to help you.